Laserfiche WebLink
~4~--~ Oi)08~~ <br />by [his Dad of Trust immediately prior to the date of taking bears to the fair marks[ value of the Property immediately prior to the date of <br />taking, with the balance of the proceeds paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that [he condemnor offers [o make an award or settle a <br />claim for damages, Borzower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and <br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums scored by this Deed of Trust. <br />Unless Lender and Borrower otherwise agra in writing, any such application of protteds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such inatalhaents. <br />10. Borrower Na Rekred. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Lender to any successor in interest of liorzower shall not operate [o release, in any manner, [he liability of the original Borrower and <br />Borrower's successors in interest. Lrnder shall not be required to commence procadings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Dad of Trust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />11. Forbenrnna by Lender Not • Waiver. My forbearance 6y Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by apphcable law, shall not be a waiver of or preclude [he exercise of any such right or remedy. The procurement of insurance or the payment of <br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness-secured by this <br />Dad of Trust. <br />12. Remedies Crmaladve. All remedies provided in [his Deed of Trust are distinct and cumulative to any other right or remedy tender this <br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />1J. Succesroea and Assigns Boasd; Joint red l9everol LFabtOty; Gplioss. The covenants and agreements herein contained-shall bind,-and <br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subjat to the provisions of paragnpb 17 <br />hereof. All covenants and agramen[s of Borrower sha116e joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />are for convenience only and are not to be used to interpret or define the provisions hereof. <br />14. Notice. Exttpt for any notice required under applicable taw to be given in another manner, (a) any notitt to Borzower provided for in <br />this Deed of Trust shat) be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address <br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be givrn by certified mail, return [scalps <br />requested, to Lender's address stated herein or to such other address as Lender may designate by notitt to Borrower as provided herds. My <br />notice provided for in [his Deed of Trust shall be domed to have ban given to Borrower or Lender when given in the mannerdesignated herein. <br />I5. Unltorm Dead of Trost; Governing Irw; SereabiBry. This form of deed of trust combines uniform covenants for national tnse and <br />non-uniform covenants with limited variations 6y jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust shall be governed by the law of the jurisdictien in which the Property is located. In the event that any provision or clause of this Deed of <br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and [o [his end the provisions of the Deed of Trust and the Note are declared to be severeble. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the No[e and of this Deed of Trust at the time of execution or <br />after recordation hereof. <br />17. 7rnnter of the Property; Assumption. If ail or any part of the Property or an interest therein is sold or transferred by Borrower <br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of <br />a purchase money security interest far household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint <br />tenant or {d) the grant of any leasehold interest of thra years or less not containing an option to purchase, Lender may, at Lender's option, <br />declare all the sums secured by this Deed of Trust to 6e immediately due and payable. Lender shall have waived such option to accelerate if, <br />prior to the sale or transfer, Lender and the person [o whom the Property is to be sold or transferred reach agrament in writing that the credit-of <br />such person is satisfaMOry to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall <br />request. [f Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a <br />written assumption agrament accepted in writing by Lender, Lender shall release Borrower from alt obligations under this Dad of Trust and <br />the Nnte. <br />St Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hueof. <br />Such notice shall provide a period of not less than 30 days from the date the nonce is mailed whhin which lorrower may pay the sums dxiared <br />due. If Borrower fails to pay such sums prior to [he expiration of such period, Lender may, without further notice or demand on Borrower, <br />invoke any remedies permitted 6y paragraph Ig hereof. <br />NON-UNIFOitM COVENANTS. Borrower and Lender farther covenant and agra as follows: <br />IE. Acceknlion; Remedies, Fscept u provided is paragraph 17 hereof, epee Borrower's Drab :ot atry trorarmt or yrtemeat of <br />Borrower in this Deed of Trns4 iaclydiK the coveaaab to pay when tine any sum secnrcd by this Desd,of Trast,~leader-pier iot(ecdpitloe <br />shW mrB wiles to Borrower ere prodded fo prngrapY 1~ heeeot spedtyieg: (ll the bract; (2) the rctiw regaited to me sncY beach; (J) ^ <br />desk, sot less fhn 30 Mys from the date of antics b ended to Borrowes, by whkY each breach mmt be crrtd; aced (q Ihnt ttdlare to sane sari <br />beach w or before the date spedtkd in the wdee my malt la acceleratba of the same aecnred by lhb Deed of Test aced sale of the Properly. <br />The rWke ska4 farther Ltoem Borrower of the right fo reinhb after ttccelrrotloe red tYe rlghl to brag • corm actloa to amen the wn- <br />exbteace of • detnrlt or rry other tktease o/ Borrower to rccelention aced sale. It the brereY b wf creed on w before the dale eptxitied.la the <br />eatke, Leader rt Leader's optlos mrY declare rB of the am aecared by this Deed of Trrtst to 6e immediatey tine zed pnyabk without farther <br />demnad aced cony invoke fhe power of srk zed nay other rerredks Permitted by rDPiicabk bw. Leader ebW be atltled to colkrt ell reraoaabk <br />cosh aced apeasa icerrred is prrarie8 the «meMes provided in Ibis paragraph Ig, lrcludlag, but wt llmibd to, reroaabk attorney's tea. <br />If the power ut ark 4 Frroked, Tnah aYad rrtrord ^ wtice of defarlt in ac6 coesry Fn whkh the Property or some part thereof b lowed <br />red shW mdl coPia of each notice in the nurse prescribed by rppOcrbk bw to Borrower red to the other pesos prexribed by rppliabk <br />hw. Alter the IrPre of anc- tlme m may 6e regtdx6 by applkabk law, iraMee abdl give prblk coda of srk to fhe person zed it IYa maaarr <br />prescribed by aPptleahle hw. Trash, withers demand on Borrower, s1mB sdl the Properly n pnbBe ucUoo to the highest bidder rt the Time <br />aai-place end radar tk term deaiguled f• Um aolke of ante ie one or more parcels rod h acerb order m Trusts cony determine, Trmh ay <br />poatpen srk of ail or ant petrel of the Property by Pnbllc reaoaseemeet rt the time and plan of any prerloaaly sckednkd ttrk. L,eeder or <br />Leader's designee scot pttrrbrse the Property el uy wk. <br />Uptn recNpl of pyermst of the prior Md, TruaMe Adl deBver to the purchrsv Trtuh's dad conveying Ibe Property sold. The nrimb In <br />the TrWes's deed shYl 6e prime frck evideaa of the w1i of tlx abkmenb cords therein. Truuta ahrB reply the Proeeede of the sttl~ in eke <br />taYgwty( order: (al to atl rerwnrhk eoW red erpersa of the srk, IrdudirE, but eat Nedted so, Trash's fees of not more than __ A__?~e <br />at IYe pees snit Prftt, rerWnn-k.rttoraty's rep sad coa4 of title evideaee; fb/ la 41 soma scored by fhb Deed of 'fens; end (c) thr exeete, if <br />ray. to ties parser or parsons ktpily entitled f-rreso, <br />I9. Borrower's Riot to iteirsu/e. Norwithstrndin& Lender's acceleratton of the sums sccueed by this Deed of Trust, Borrower shall have <br />the rigftt to Itavc sny proceedings begun by 1 finder tv enforce this Dced of 'frost discontinued an any time pear to the earlier to occur of {i) the <br />t"iff)tday kre#ore the sale of the Propariy pursuant to the power ai sa{e cuneaincai rv this 1Xed oi' "i rust set tiiM emrY of a iatdgnxm enPOrctn& thts <br />f)rotF o! "frost ii`. (s? Borrnwsr pays Lender all sums which wpnld 6e kFme due under this fRcrl of Tncst, <hc Note and solace sc,.~tring F'wnrr <br />